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Session Laws, 1988
Volume 770, Page 3844   View pdf image
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Ch. 563

LAWS OF MARYLAND

Subsection (c) of this section is new language derived
without substantive change from former Art. 56, §
217A(a)(2) and the second sentence of (3).

Subsection (d) of this section is new language derived
without substantive change from former Art. 56, §
217A(a)(7) and (d)(2)(v).

In subsection (a)(1) of this section, the former
reference to actual loss "as proven before the
Commission" is deleted as unnecessary. The elements
that a claimant must prove to support a claim are
revised in § 4-410 of this subtitle.

In subsections (a)(2)(i)2. and (c)(l)(ii) of this
section, the references to an "associate real estate
broker" are added in conformity with provisions added
throughout this title to provide a licensing scheme
for associate real estate brokers. See the General
Subcommittee Comment to this title.

In subsection (a)(2)(iii)l. of this section, the
former reference to money or property being
"unlawfully" obtained is deleted as surplusage and
possibly misleading. The word "unlawfully" implies,
but is not limited to, the element of criminality.
The use of the word "unlawfully" in the context of the
former section was vague and unnecessary since
specific crimes and torts were listed as grounds on
which an action could be based.

In subsection (a)(2)(iii)2. of this section, the
former words "artifice" and "trickery", which do not
have specific legal meaning, are deleted in light of
the general references to "fraud" and
"misrepresentation".

Also in subsection (a)(2)(iii)2. of this section, the
former word "deceit" is deleted as included in the
reference to "misrepresentation".

Defined terms: "Commission" § 4-101

"Guaranty Fund" § 4-101

"Licensed associate real estate broker" § 4-101

"Licensed real estate" § 4-101

"Licensed real estate broker" § 4-101

"Person" § 1-101

"Provide real estate brokerage services" § 4-101

"Real estate salesperson" § 4-101

4-405. NOTICE TO PURCHASER.

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Session Laws, 1988
Volume 770, Page 3844   View pdf image
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